Becker et al v. Skype Inc.

Filing 45

ORDER GRANTING REQUEST TO SET CASE MANAGEMENT CONFERENCE re 44 STIPULATION WITH PROPOSED ORDER. Joint Case Management Statement due by 9/27/2013. Case Management Conference set for 10/4/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 9/13/2013. (ecg, COURT STAFF) (Filed on 9/13/2013)

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Joseph E. Addiego III (CA State Bar No. 169522)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Defendants
SKYPE INC. and MICROSOFT CORPORATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

DAVIS WRIGHT TREMAINE LLP

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CANTON BECKER, JOSEPHINE
ASPLUND, and DARRIN WESLEY,
individually and on behalf of all others
similarly situated,

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Plaintiff,
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v.
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SKYPE INC., a Delaware Corporation;
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MICROSOFT CORPORATION, and DOES )
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Defendants.
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STIPULATION AND [PROPOSED] ORDER
RE CASE MANAGEMENT CONFERENCE
Case No. C-12-06477 EJD
DWT 22580006v2 0025936-001765

Case No. C-12-06477 EJD
XXXXXXXX
STIPULATION AND [PROPOSED]
ORDER TO SET CASE
MANAGEMENT CONFERENCE
CONCURRENTLY WITH HEARING
ON DEFENDANTS’ MOTION TO
DISMISS PLAINTIFF CANTON
BECKER

This Stipulation is entered by and between plaintiffs Canton Becker, Josephine

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Asplund, and Darrin Wesley (“Plaintiffs’), on the one hand, and defendants Skype Inc. and

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Microsoft Corporation (“Defendants”), on the other hand, with reference to the following

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facts:

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1.

On December 21, 2012, the Court issued an ADR Scheduling Order setting a

Case Management Conference in this matter on April 2, 2013;
2.

On January 23, 2013, the Court continued the Case Management Conference

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to May 3, 2013, the day of the hearing on Plaintiffs’ Motion to Remand, which Plaintiffs

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filed on January 18, 2013;

DAVIS WRIGHT TREMAINE LLP

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3.

On January 29, 2013, Defendants filed a Motion to Dismiss the Second,

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Fifth, and Sixth Claims for Relief of Plaintiffs’ Amended Class Action Complaint for

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Damages, which was set for hearing on May 3, 2013;

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4.

On April 30, 2013, the Court issued a Notice Taking Motions Under

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Submission Without Oral Argument and Vacating Case Management Conference, noting

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that it would “set further dates, if necessary, in its Order on the submitted motions”;

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5.

To date, the Case Management Conference has not been rescheduled; and

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6.

On May 9, 2013, Defendants filed a Motion to Dismiss Plaintiff Canton

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Becker’s Claims (“Becker Dismissal Motion”), which is set for hearing on October 4, 2013

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at 9:00 a.m. in Courtroom 4.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND JOINTLY

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REQUESTED that this Court reschedule the Case Management Conference in this matter

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for October 4, 2013 to immediately follow the hearing on the Becker Dismissal Motion,

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which is set for the same date at 9:00 a.m.

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STIPULATION AND [PROPOSED] ORDER
RE CASE MANAGEMENT CONFERENCE
Case No. C-12-06477 EJD
DWT 22580006v2 0025936-001765

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IT IS SO STIPULATED.
DATED: September 11, 2013

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THE ARNS LAW FIRM
ROBERT S. ARNS
STEVEN R. WEINMANN
JONATHAN E. DAVIS

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By:

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—and—

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/s/ Steven R. Weinmann
Steven R. Weinmann

DATED: September 11, 2013

JONATHAN JAFFE LAW
JONATHAN M. JAFFE

DAVIS WRIGHT TREMAINE LLP

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By:

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/s/ Jonathan M. Jaffe
Jonathan M. Jaffe

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Attorneys for Plaintiffs
CANTON BECKER, JOSEPHINE
ASPLUND, and DARRIN WESLEY

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DATED: September 11, 2013

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DAVIS WRIGHT TREMAINE LLP
JOSEPH E. ADDIEGO III
KAREN A. HENRY

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By:

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/s/ Joseph E. Addiego III
Joseph E. Addiego III

Attorneys for Defendants
SKYPE INC. and MICROSOFT
CORPORATION

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Joseph E. Addiego III, hereby attest that concurrences in the filing of this
document have been obtained from each of the signatories.
/s/ Joseph E. Addiego III
Joseph E. Addiego III
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STIPULATION AND [PROPOSED] ORDER
RE CASE MANAGEMENT CONFERENCE
Case No. C-12-06477 EJD
DWT 22580006v2 0025936-001765

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

2 On or before September 27, 2013, the parties shall file a joint case management conference statement.
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DATED:

9/13/2013

Hon. Edward J. Davila
U.S. District Court Judge
Northern District of California

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DAVIS WRIGHT TREMAINE LLP

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STIPULATION AND [PROPOSED] ORDER
RE CASE MANAGEMENT CONFERENCE
Case No. C-12-06477 EJD
DWT 22580006v2 0025936-001765